SB 441

This bill prohibits a person from using the title of certified dangerous goods

professional, certified hazardous materials manager, certified hazardous materials

practitioner, certified health physicist, certified industrial hygienist, certified safety

professional, or registered radiation protection technologist, or the initials for these

titles, unless the person is certified or registered to use that title by the Institute of

Hazardous Materials Management, the American Board of Health Physics, the

American Board of Industrial Hygiene, the Board of Certified Safety Professionals,

or the National Registry of Radiation Protection Technologists.

The bill also prohibits a business from representing that the services that the

business provides are furnished by one of these certified or registered professionals

unless those services are provided by, or are provided under the direct supervision

of, a person who is permitted to use that title under this bill. Under the bill, a person

is also prohibited from misleading or deceiving another person by the unauthorized

use of a certification mark awarded by the U.S. Patent and Trademark Office that

includes one of these titles.

Under the bill, a person who violates these prohibitions is guilty of a

misdemeanor and may be fined not more than $1,000. The bill also provides that a

violation of these prohibitions is an unfair method of competition in business or an

unfair trade practice, and allows a person who suffers a monetary loss because of a

violation to sue for twice the amount of the monetary loss and reasonable attorney

fees. The bill also allows the Department of Agriculture, Trade and Consumer

Protection to bring a court action for an injunction to restrain a violation of these

prohibitions.

In addition, this bill prohibits a city, village, town, or county from enacting an

ordinance or adopting a resolution that restricts the use of these professional titles.